Parliamentary Service Commissioner's Direction 2014

Link to law: https://www.comlaw.gov.au/Details/F2015L00015

Parliamentary Service Commissioner’s Direction 2014
made under subsection 15(6) of the
Parliamentary Service Act 1999
 
Dated 23 December 2014
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
John Lloyd PSM
Parliamentary Service Commissioner
Contents
Part 1—Preliminary
1                      Name of Direction
2                      Authority
3                      Commencement
4                      Replacement/revocation of previous Direction
Part 2—Secretary handling of suspected Code of Conduct breaches
1                      Purpose of Direction
2                      Application to former Parliamentary Service employees
3                      Employee must be informed that a determination is being considered
4                      Employee must be informed before a sanction is imposed
5                      Person making determination to be independent and unbiased
6                      Determination process to be informal
7                      Record of determination and sanctions
Part 1—Preliminary
1              Name of Direction
                 This Direction is the Parliamentary Service Commissioner’s Direction 2014.
2              Authority
                 This Direction is made under subsection 15(6) of the Parliamentary Service Act 1999 (the Act).
3              Commencement
                 This Direction will commence on the day after it is registered on the Federal Register of Legislative Instruments.
4              Revocation of previous directions
                 This Direction revokes the Parliamentary Service Commissioner’s Direction 2000/1.
 
Part 2—Secretary handling of suspected Code of Conduct breaches
1              Purpose of Direction
                The purpose of this Direction is to set out the basic procedural requirements that must be complied with by the procedures established by a Secretary under subsection 15 (3) of the Act for:
                (a)    determining whether a Parliamentary Service employee, or a former Parliamentary Service employee, in the Department has breached the Code of Conduct; and
               (b)    determining what sanction, if any, should be imposed on a Parliamentary Service employee for a breach of the Code of Conduct.
Note:               The requirements set out in this Direction and the procedures established under subsection 15 (3) of the Act apply only in relation to a suspected breach of the Code of Conduct by a Parliamentary Service employee, or former Parliamentary Service employee, in respect of which a determination may be made. Not all suspected breaches of the Code of Conduct need to be dealt with by way of a determination. In particular circumstances, another way of dealing with a suspected breach of the Code of Conduct may be more appropriate. (See also clause 52 of Parliamentary Service Determination 2013.)
2              Application to former Parliamentary Service employees
         (1)   In this Direction, unless the contrary intention appears, a reference to a Parliamentary Service employee in a Department includes a reference to a former Parliamentary Service employee who is suspected of having breached the Code of Conduct while an employee in the Department.
         (2)   Subparagraph 3(a)(ii) and clause 4 do not apply in relation to a former employee.
3              Employee must be informed that a determination is being considered
                A determination may not be made in relation to a suspected breach of the Code of Conduct by a Parliamentary Service employee unless reasonable steps have been taken to:
                (a)    inform the employee of:
                          (i)    the details of the suspected breach (including any subsequent variation of those details); and
                         (ii)    the sanctions that may be imposed on the employee under subsection 15 (1) of the Act; and
               (b)    give the employee a reasonable opportunity to make a statement in relation to the suspected breach.
4              Employee must be informed before a sanction is imposed
                If a determination is made that a Parliamentary Service employee has breached the Code of Conduct, a sanction may not be imposed unless reasonable steps have been taken to:
(a)inform the employee of:
                          (i)    the determination; and
                         (ii)    the sanction or sanctions that are under consideration; and
                        (iii)    the factors that are under consideration in determining any sanction to be imposed; and
(b)        give the employee a reasonable opportunity to make a statement in relation to sanctions under consideration.
5              Person making determination to be independent and unbiased
                A Secretary must take reasonable steps to ensure that:
                (a)    the person who determines whether a Parliamentary Service employee has breached the Code of Conduct is, and appears to be, independent and unbiased; and
               (b)    the person who determines any sanction to be imposed is, and appears to be, independent and unbiased.
6              Determination process to be informal
                The process for determining whether a Parliamentary Service employee has breached the Code of Conduct must be carried out with as little formality and as much expedition as a proper consideration of the matter allows.
7              Record of determination and sanctions
                If a determination is made in relation to a suspected breach of the Code of Conduct by a Parliamentary Service employee, a written record must be made of:
                (a)    the suspected breach; and
               (b)    the determination; and
                (c)    any sanctions imposed as a result of a determination that the employee breached the Code of Conduct; and
               (d)    if a statement of reasons was given to the employee—the statement of reasons.
Note:               The Archives Act 1983 applies to a record made under this clause.
 
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